Landlord + Tenant Flashcards
Types of Tenancies
- Tenancy for Years - fixed and ascertainable amount of time.
Creation - agreement between landlord and tenant where purpose of agreement displays intent.
SoF - applies to tenancy longer than one year
Termination - a) terminates at end of term automatically and no notice is required, or b) tenant surrenders lease, or c) tenant/landlord commit a material breach (failure to pay rent
- Periodic Tenancy - repetitive and ongoing for a set period of time
Creation - agreement between landlord and tenant where purpose of agreement was to create periodic tenancy; intent can be implied (payment of rent) or express.
Termination - renews automatically until proper notice given before start of what will be the last term and notice is effective the last day of the period.
OHIO - week to week tenancy requires 7 days notice; month to month requires 30
- Tenancy at Will - may be terminated by either landlord or tenant at any time for any reason
Creation - express or implied agreement
Termination - either party without notice however, if agreement only gives
landlord right to terminate at will, then tenant also gets right to terminate
tenant right to terminate at will, then landlord is not give right to terminate
Death - of either landlord or tenent terminates tenancy at will
- Tenancy at Sufferance - when tenant holds over after lease has ended
Creation - tenant holds over
Note - terms of the prior lease controle
Note 2 - created by actions of the tenant
Terimiantion - a) tenant voluntarily leaves b) landlord evicts the tenant c) landlord rerents to the tenant
Duties of Tenant - List
- Duty to Pay Rent
- Duty to Avoid Waste
- Contractual Duty to Repair
- Other Duties
Landlord’s Remedies for Tenant Breach
Duties of Tenant - Pay Rent
General - duty aries from contractual relationship between landlord and tenant
Duty Suspended -
a) premises are destroyed to no fault of the tenant
b) landlord completely or partially evicts the tenant
Complete: removal of tenant from entire property
Partial: removcal of tenant from a portion of the property
c) Landlord materially breach lease (e.g., wrongful eviction)
Duties of Tenant - Avoid Waste
General - duty not to commit affrirmative (voluntary) waste or permissive (neglectful) waste and repair premises to extent necessary to maintain in pre-rental condition (except wear and tear)
Note - background rule, need not be expressed in lease in order to apply
Affirmative - duty to not purposely damage the property
Permissive - duty to repair premises to maintian premises in the pre-rental condition unless normal wear and tear.
Ameliorative - duty to not change property unless reasonably necessary for tenant to use the property in a reasonable manner
OHIO - if tenant fails to maintain premises and it affects health and safety of others, then LL may terminate lase by:
1. giving written notice; 2. staate tenant’s act; 3. state termination date; 4. termination date cannot be less than 30 days after recepti of notice.
Duties of Tenant - Duty to Repair
Residential - landlord is presumed to be responsible for repairs but tenant must notify the landlord of any needed repairs.
Commercial - lanlord can pleace the duty to reapir on the tenant
OHIO - residential lease may require tenant to keep appliances in good order
Duties of Tenant - Other Duties
May have other duties such as to avoid excesssive noise or to use premises for specified type of business.
Use of property for illegal purposes may violate an implied duty
OHIO -
1. keep property safe and sanity
2. keep all plumbing fixtures clean as the condition permits
3. use and operate all electtrial and plumbing facilities properly
4. comply with health and safety codes
5. not violate controlled substance laws
Duties of Tenant - Landlord Remedies for Breach
a. Failure to Pay Rent - may sue for damages and to remove tenant from property
OHIO - LL may apply secuirty deposit to past due rent
OHIO - Evict - must give 3 day notice of plan to evict by certified mail, in person,or post on door
b. Abandonment- if tenant unjustifiably abandoned the lease, then landlord may 1) retake the premesis, or 2) mitigate damages by re-renting the premises.
c. Holdover Tenant - landlord may evict tenant or continue relationship by treating as a periodic tenant by accepting rent
Note - not considered a holdover if left a few material behind, left a few hours after the deadline, or fell to circumstances out of tenant’s control
Note 2 - if landlord accepts rent after termination of lease, then periodic tenancy that mirrors the terminated lease (but may have higher rent if landlord informed before prior lease ended)
Duties of LL - List
- Give possession
- Duty to Repair
- Warranty of Habbitability
- Covenant of Quiet Enjoyment
- Duty to Mitigate Damages
- Condition of Leased Premises
Duty of LL - Give Possession
General - majority holds that the landlord must deliver actual possession of the leasehold premises which includes physical possession of the property.
Minority - legal possession (right to be there)
Duties of LL - Duty to Repair
Residential - duty to repair falls on the landlord even when lease attempts to place burden on tenant unless damages caused by tenant
Commercial - duty can be placed on tenant
Duties of LL - Warranty of Habitability
Rule - landlord has duty to maintain the propery so that it is reasonably suitable for residential use and may not substantially threaten the health or safety of tenant.
Waiver - tenant cannot waive habitability protection
Housing Code - violation of such code constsitutes a breach
Types of Building - residential, not commercial
Tenant Remedies - 1) refuse to pay rent or 2) remedy the defect and offset the cost against the rent or 3) defend against eviction
Refusal to Pay Rent - if this route taken, the tenant must notify the landlordof problem and allow reasonable opportunity to correct the problem
Vacate? - no, tenant need not vacate unlike quiet enjoyment and constructive eviction
OHIO - must supply running water and reasonable heat and, except in cases of emergency, give reasonable notice of intent to enter (24 presumed reasonable)
Duties of LL - Covenant of Quiet Enjoyment
Rule - tenant may withhold rent when landlord takes actions that make the premises wholly or substantially unusable for their intended purposes and the tenant is actively or constructively evicted.
Constructive Eviction:
- premises unusable for their intended purpose
- tenant notifies the landlord of the problem
- landlord does not correct the problem; and
- tenant vacates the premisesafter a reasonable amount of time has passed
Partial Eviction - if landlord is responsible for partial eviction, then tenant excused from paying. If 3P with a superior claim to property partially evicts, then tenant must pay reasonble value. If 3P is adverse possessor, then tenant isnot exused from payment.
Duties of LL - Duty to Mitigate Damages
Rule - if tenant evicted or abandons leasehold, then landlord must make reasonable efforts to re-rent the property by treating it as vacant stock.
Note - if LL not diligent, then tenant is excused.
Minority - landlord does not have to mitigate damages (seen more often with commercial leases)
Duties of LL - Condition of Premises
General - landlord must control common areas and nuicance likebehabviorof other tenants
Landlord not responsible for off premises actions of 3rd parties that are beyond landlord control
Cannot reltaliate by evicting tenant who complains about conditions
Duties of LL - Tenant Remedies for Breach
Tenant must send written ntoice of violations and acts.
Upon receipt, LL has to remedy condition with a reasonble time or 30 days (whichever sooner).
If LL fails to remedy, tenant may deposit all rent due with the clerk of cts, apply to the court for an order directing the condition be remedied, or terminate the rental agreement
